Staying Proceedings

The suspension of an action. Proceedings are stayed absolutely or conditionally. They are peremptorily stayed when the plaintiff is wholly incapacitated from suing: as, for example, when the plaintiff is not the holder, nor beneficially interested in a bill on which he has brought his action; 2 Cr. & M. 416; 3 Chitty, Pr. 628; or when the plaintiff admits in writing that he has no cause of action; 3 Chitty, Pr. 370, 630; or when an action is brought contrary to good faith; 3 Chitty, Pr. 633. Proceedings are sometimes stayed until some order of the court shall have been complied with; as, when the plaintiff resides in a foreign country or in another state, or is insolvent, and he has been ruled to give security for costs, the proceedings are stayed until such security shall be given; 3 Chitty, Pr. 633, 635; or until the payment of costs in a former action; 1 Chitty, Bail. 195.